How to File a Veterans Disability Claim

A veteran's disability claim is an important component of his or her benefit application. Many veterans earn tax-free earnings when their claims are accepted.

It's no secret that VA is way behind in the process of processing disability claims from veterans. The decision could take months or even years.

Aggravation

A veteran may be able to claim disability compensation for the condition that was worsened by their military service. This kind of claim is known as an aggravated disability and can be either physical or mental. A VA lawyer who is certified can help an ex-military personnel to file a claim for aggravated disabilities. A claimant must prove using medical evidence or independent opinions that their medical condition prior to service was made worse through active duty.

Typically, the most effective method to prove that a pre-service condition was aggravated is to get an independent medical opinion by an expert in the condition of the veteran. In addition to a physician's declaration, the veteran will also need to submit medical records as well as lay statements from friends or family members who are able to confirm the severity of their pre-service condition.

In a veterans disability claim it is important to note that the aggravated condition must be distinct from the initial disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimonies to establish that their original condition wasn't merely aggravated due to military service, but that it was more severe than what it would have been had the aggravating factor weren't present.

VA proposes to change its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and disagreement during the process of filing claims. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has led to a lot of disputes and uncertainty.

Service-Connected Terms

To be eligible for benefits veterans disability lawsuit must show that his or her disability or illness was caused by service. This is referred to as "service connection." For some ailments, like Ischemic heart disease and other cardiovascular diseases that manifest as a result of specific service-connected amputations, a service connection is automatically granted. For other conditions, such as PTSD veterans have to present lay evidence or testimony from those who knew them during the military, to link their condition to an specific incident that occurred during their time in service.

A pre-existing medical issue can be a result of service in the event that it was aggravated due to active duty service and not just the natural progression of the disease. It is best to provide a doctor's report that explains that the deterioration of the condition was caused by service, not just the natural progression of the disease.

Certain illnesses and injuries are believed to have been caused or aggravated by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of war, and other Gulf War conditions. Some chronic diseases and tropical illnesses are also assumed to have been aggravated or caused by military service. These are AL amyloidosis and chloracne as well as other acne-related conditions, porphyria cutanea tarda, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here to learn more regarding these presumptive diseases.

Appeal

The VA has a procedure for appeals to appeal their decision on whether or not to grant benefits. The first step is to submit a Notice of Disagreement. If your VA-accredited lawyer does not handle this for you, then you're able to do it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and would prefer a more thorough review of your case.

There are two options available for an additional level review. Both should be carefully considered. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo review (no deference to the decision made previously) and then either reverse or affirm the earlier decision. You may or not be allowed to submit new evidence. The other option is to request a hearing with an veterans disability lawsuit Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are many factors that go into choosing the best route for your appeal, and it's important to discuss these with your attorney who is accredited by the VA. They're experienced and know what's best for your case. They are also aware of the difficulties that disabled veterans face which makes them an effective advocate for you.

Time Limits

If you have a disability that was incurred or worsened during military service, you can file a claim and receive compensation. You'll need to wait as the VA reviews and decides on your claim. It could take up 180 days after the claim has been submitted before you get a decision.

There are a variety of factors which can impact the length of time the VA will take to reach an decision on your claim. How quickly your claim will be considered is mostly determined by the amount of evidence you provide. The location of the field office that handles your claim will also impact how long it will take for the VA to review your claim.

The frequency you check in with the VA to check the status of your claim can also affect the time it takes to process. You can help accelerate the process by submitting proof as soon as you can by being specific with your information regarding the addresses of the medical facilities you use, and submitting any requested information immediately when it becomes available.

You can request a more thorough review if you believe that the decision made on your disability was unjust. This means that you submit all the facts that exist in your case to an expert reviewer who can determine if there was an error in the original decision. However, this review cannot contain new evidence.